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EU driver driving UK registered car?
Richy320
post Wed, 31 Jul 2019 - 16:37
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Not an active case but I can’t find the definitive written answer.

Can an EU citizen with an EU registered and insured car drive a UK registered and insured car taking advantage of the drive other vehicles clause in her own insurance documents?

I know that in France I as a UK driver would be allowed to drive a French registered and insured vehicle on my UK insurance as the French requirement is that the ‘foreign’ insurance was issued in the EU.


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post Wed, 31 Jul 2019 - 16:37
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666
post Sat, 3 Aug 2019 - 17:50
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QUOTE (DancingDad @ Sat, 3 Aug 2019 - 18:35) *
I'm sure there is something missing in there CP.... though I am not certain what?
If I follow your postulate that an insurance policy is only valid in the UK if issued by an Authorised Insurer and that means they have to be registered with the MIB, how do thousands of EU drivers (trade and private) drive legally on their insurance on UK roads???

See posts #14 and #15.

We seem to be going round in circles, but that applies to most things EU-related at the moment.
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Richy320
post Sat, 3 Aug 2019 - 18:50
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QUOTE (666 @ Sat, 3 Aug 2019 - 18:50) *
QUOTE (DancingDad @ Sat, 3 Aug 2019 - 18:35) *
I'm sure there is something missing in there CP.... though I am not certain what?
If I follow your postulate that an insurance policy is only valid in the UK if issued by an Authorised Insurer and that means they have to be registered with the MIB, how do thousands of EU drivers (trade and private) drive legally on their insurance on UK roads???

See posts #14 and #15.

We seem to be going round in circles, but that applies to most things EU-related at the moment.

We do seem to be going round in circles because as yet we have no definitive answer.

As stated, a UK issued insurance policy must be issued by an authorised insurer who is a member of the MIB. Every EU country has their own MIB. EU legislation requires each EU member state to recognise a policy legitimately issued in any other member state, as meeting the minimum legal requirements, in order to facilitate free movement.

What is not clear is whether DOV cover issued in another EU country can legally be exercised in the UK.


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DancingDad
post Sat, 3 Aug 2019 - 18:57
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QUOTE (666 @ Sat, 3 Aug 2019 - 18:50) *
QUOTE (DancingDad @ Sat, 3 Aug 2019 - 18:35) *
I'm sure there is something missing in there CP.... though I am not certain what?
If I follow your postulate that an insurance policy is only valid in the UK if issued by an Authorised Insurer and that means they have to be registered with the MIB, how do thousands of EU drivers (trade and private) drive legally on their insurance on UK roads???

See posts #14 and #15.

We seem to be going round in circles, but that applies to most things EU-related at the moment.



Yup.
But the point I am making is that it cannot be as simplistic as the Insurer being a member of the MIB.
For instance S95 of RTA1988 also defines Insurer as an EEA Firm (European Economic Area) who qualifies as being able to write insurance contracts.

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666
post Sat, 3 Aug 2019 - 19:10
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QUOTE (Richy320 @ Sat, 3 Aug 2019 - 19:50) *
QUOTE (666 @ Sat, 3 Aug 2019 - 18:50) *
QUOTE (DancingDad @ Sat, 3 Aug 2019 - 18:35) *
I'm sure there is something missing in there CP.... though I am not certain what?
If I follow your postulate that an insurance policy is only valid in the UK if issued by an Authorised Insurer and that means they have to be registered with the MIB, how do thousands of EU drivers (trade and private) drive legally on their insurance on UK roads???

See posts #14 and #15.

We seem to be going round in circles, but that applies to most things EU-related at the moment.

We do seem to be going round in circles because as yet we have no definitive answer.

As stated, a UK issued insurance policy must be issued by an authorised insurer who is a member of the MIB. Every EU country has their own MIB. EU legislation requires each EU member state to recognise a policy legitimately issued in any other member state, as meeting the minimum legal requirements, in order to facilitate free movement.

What is not clear is whether DOV cover issued in another EU country can legally be exercised in the UK.

The EU directive in question (2009/103/EC) does indeed require member states to recognise such policies, but it seems to concern itself with vehicles crossing borders, rather than drivers. Read it for yourself.
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DancingDad
post Sun, 4 Aug 2019 - 10:39
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I'm still going round in circles but have been thinking back to when I worked for a company which did a lot of business in Europe and I had to drive over there.
If I went over with my own (company) car I was fully covered on company insurance.
But we were also instructed that the company insurance covered any hire car in EU.... so could pick up a hire car at an airport without taking out the basic insurance, we just used to get the excess waiver.
Effectively that was DOV cover.
Too far back to remember details but we had a certificate of some sort to show at the car hire desk and it was accepted without question.
Wasn't valid outside of EU, in the USA we just bought the full cover with all waivers when we hired a car.

My thoughts at the moment, if a EU policy covers DOV and the policy is valid under UK law, all parts of that policy (unless excluded) will be valid.
But cannot prove that.
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cp8759
post Tue, 6 Aug 2019 - 15:27
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QUOTE (DancingDad @ Sat, 3 Aug 2019 - 19:57) *
For instance S95 of RTA1988 also defines Insurer as an EEA Firm (European Economic Area) who qualifies as being able to write insurance contracts.

That simply means that an EEA firm can be a member of the MIB. If the French insurance company happens to be a member of the MIB, then happy days all is good. If the EEA firm is not a member of the MIB, the insurance policy is not valid for the purposes of the RTA 1988.

QUOTE (DancingDad @ Sat, 3 Aug 2019 - 18:35) *
If I follow your postulate that an insurance policy is only valid in the UK if issued by an Authorised Insurer and that means they have to be registered with the MIB, how do thousands of EU drivers (trade and private) drive legally on their insurance on UK roads???

There will be a provision of domestic law dis-applying the requirement for MIB membership from vehicles based in an EEA state that is temporarily imported into the UK. It might be The Motor Vehicles (International Circulation) Order 1975 (I can't be bothered to trawl through 44 years' worth of amendments) or there might be a stand-alone instrument related to insurance.

The EU directive has no direct effect in UK law so there must be an implementing instrument. Your best bet might be to ask the DfT but it's pot luck whether the person picking up the query know what they're on about.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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